Non-compliance with mandatory provisions such as Section 12-A of the Commercial Courts Act can lead to rejection of the plaint.

JUDGMENT

(Prayer: This Civil Suit is preferred, under Order IV Rule 1 of the Original Side Rules 1994 read with Order VII Rule 1 of CPC and Sections 27, 28, 29, 134 & 135 of the Trade Marks Act, 1999 and Sections 51, 55 and 62 of the Copyright Act, 1957 and Section 7 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act No.4 of 2016 to

(a) A permanent injunction restraining the defendant, its manufacturers, distributors, stockists, servants, agents, wholesalers, retailers, legal representatives or any other person claiming under it from in any manner manufacturing, selling, offering for sale, stocking, advertising directly or indirectly dealing in medicinal and pharmaceutical preparations infringing the trademark 'AVAS' of the plaintiff registered under No.963813 in class 5 by use of deceptively similar trademark 'AVASLIP' or any mark identical or similar to plaintiff's registered trademark 'AVAS' in any manner whatsoever;

(b) A permanent injunction restraining the defendant, its manufacturers, distributors, stockists, servants, agents, wholesalers, retailers, legal representatives or any other person claiming under it from in any manner manufacturing, selling, offering for sale, stocking, advertising directly or indirectly dealing in medicinal and pharmaceutical preparations under the trademark 'AVASLIP' or any other trademark that is identical to and / or deceptively similar to the plaintiff's trademark 'AVAS' and / or use similar packaging as that of the plaintiff's products so as to pass off their medicinal preparations as and for the medicinal preparations of the plaintiff in any manner whatsoever;

(c) A permanent injunction restraining the defendant by themselves, their servants, agents, men, distributors or anyone claiming through them from committing acts of copyright infringement by making substantial reproduction of the plaintiff's copyright in the artistic work 'AVAS' label by use of deceptively similar colour scheme, get up and layout for their 'AVASLIP' labels or in any manner whatsoever;

(d) The defendant be ordered to pay to the plaintiff a sum of Rs.50,00,000/- as liquidated damages for committing acts of infringement against plaintiff's registered trademark so as to pass off its products as and for the plaintiff's products;

(e) The defendant be ordered and decreed to deliver up for destruction to the plaintiff all the products, preparations, packaging either filled or empty, dyes, blocks, labels, brochures, leaflets, pamphlets, hand bills, hoardings, wall posters, calendars, carry bags, stationery items and such other sales promotional materials bearing and / or containing the impugned trademark 'AVASLIP';

(f) A preliminary decree be passed in favour of the plaintiff directing the defendant to render accounts of profits made by it by use of the identical / deceptively similar trademark 'AVASLIP' or any mark identical / deceptively similar to the trademark of the plaintiff 'AVAS' and a final decree be passed in favour of the plaintiff for the amount of profits found to have been made by the defendants after the latter has rendered accounts;

(g) Directing the defendant to pay to the plaintiff the costs to the suit;)

1. Captioned suit has been presented in this Court on 22.08.2022 with prayers inter alia for injunction qua a 'registered trademark of the plaintiff being Trademark 'AVAS' ' [hereinafter 'said mark' for the sake of convenience and clarity] bearing registration No.963813 in class 5 i.e., Pharmaceutical and Medicinal Preparations.

2. It is the case of the plaintiff that the defendant is using a deceptively similar trademark i.e., 'AVASLIP' [hereinafter 'alleged offending mark' for the sake of convenience and clarity] for their pharmaceutical products.

3. To be noted, it is also alleged that there is copyright infringement owing to alleged substantial reproduction of the plaintiff's copyright in the artistic work AVAS qua AVASLIP i.e., said mark qua alleged offending ma